Title 42, The Public Health and WelfareRelease 119-110

§7428 State Boards

Title 42 › CHAPTER 85 — AIR POLLUTION PREVENTION AND CONTROL › SUBCHAPTER I — PROGRAMS AND ACTIVITIES › Part A — Air Quality and Emission Limitations › § 7428

Last updated Sep 23, 2026|Official source

Summary

By one year after August 7, 1977, each implementation plan must require that any board or body that approves permits or enforcement orders have a majority of members who represent the public and do not get a significant part of their income from people they regulate. The plan must also require that any possible conflicts of interest by those board members or by the head of an agency with similar powers be disclosed. A State can have stricter conflict rules, and the Administrator must approve stricter rules included in a plan.

Full Legal Text

Title 42, §7428

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Not later than the date one year after August 7, 1977, each applicable implementation plan shall contain requirements that—
(1)any board or body which approves permits or enforcement orders under this chapter shall have at least a majority of members who represent the public interest and do not derive any significant portion of their income from persons subject to permits or enforcement orders under this chapter, and
(2)any potential conflicts of interest by members of such board or body or the head of an executive agency with similar powers be adequately disclosed.
A State may adopt any requirements respecting conflicts of interest for such boards or bodies or heads of executive agencies, or any other entities which are more stringent than the requirements of paragraph (1) and (2), and the Administrator shall approve any such more stringent requirements submitted as part of an implementation plan.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as an

Effective Date

of 1977 Amendment note under section 7401 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7428

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110